R v Ambrosius [2017] NSWSC 1841

R v Ambrosius [2017] NSWSC 1841

The expected evidence from Ms Wells, Mr David Perry and Mr Lincoln Perry was relevant to whether the deceased had a tendency to be non-violent and non-aggressive in situations of conflict, which could significantly affect the probability of whether the deceased attacked the accused as claimed. Reasonable notice was given in the circumstances, including because relevant statements had been provided earlier and the matters relied upon were sufficiently explicit. Although there was a risk of unfair prejudice, that risk could be addressed by appropriate directions and warnings, and did not outweigh the evidence's significant probative value.

Jurisdiction
Australia
Judgment Date
07 November 2017
Procedural Posture
Criminal Proceeding: Murder Trial / Pre Trial Procedural Ruling on Crown Application to Adduce Tendency Evidence
Outcome
The tendency evidence identified from the expected testimony of Ms Wells, Mr David Perry and Mr Lincoln Perry was ruled admissible.
Legal Topics
['tendency Evidence' 'self Defence' 'probative Value' 'unfair Prejudice' 'reasonable Notice']
['criminal Law' 'evidence'] ['tendency Evidence' 'self Defence' 'probative Value' 'unfair Prejudice' 'reasonable Notice']

Case Brief

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Procedural Posture

Criminal Proceeding: Murder Trial / Pre Trial Procedural Ruling on Crown Application to Adduce Tendency Evidence

Legal Issues

  1. 1 ["Whether reasonable notice was given under s 97(1)(a) Evidence Act 1995 (NSW) of the Crown's intention to adduce tendency evidence about the deceased." 'Whether the expected evidence of Ms Wells, Mr David Perry and Mr Lincoln Perry had significant probative value under s 97(1)(b) Evidence Act 1995 (NSW).' 'Whether the probative value of the evidence was outweighed by the danger of unfair prejudice to the accused under s 137 Evidence Act 1995 (NSW).']

Ratio Decidendi

The expected evidence from Ms Wells, Mr David Perry and Mr Lincoln Perry was relevant to whether the deceased had a tendency to be non-violent and non-aggressive in situations of conflict, which could significantly affect the probability of whether the deceased attacked the accused as claimed. Reasonable notice was given in the circumstances, including because relevant statements had been provided earlier and the matters relied upon were sufficiently explicit. Although there was a risk of unfair prejudice, that risk could be addressed by appropriate directions and warnings, and did not outweigh the evidence's significant probative value.

Court Disposition

The tendency evidence identified from the expected testimony of Ms Wells, Mr David Perry and Mr Lincoln Perry was ruled admissible.

Orders

  • ['The evidence identified from the expected testimony of Ms Wells, Mr David Perry and Mr Lincoln Perry is admissible in accordance with section 192A Evidence Act 1995 (NSW).']